Common use of Information Provided by the Underwriter Clause in Contracts

Information Provided by the Underwriter. The Underwriter confirms and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriter set forth in the second paragraph under the caption “Underwriting” and the estimate of the Underwriter’s reasonable out-of-pocket accountable fees and disbursements in connection with the offering of the Securities in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning the Underwriter furnished in writing to the Company by or on behalf of the Underwriter specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure Package, the Prospectus or any issuer free writing prospectus.

Appears in 2 contracts

Samples: Purchase Agreement (Juhl Energy, Inc), Purchase Agreement (Juhl Energy, Inc)

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Information Provided by the Underwriter. The Underwriter confirms and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriter set forth in the second paragraph under the caption “Underwriting” and the estimate of the Underwriter’s reasonable out-of-pocket accountable fees and disbursements in connection with the offering of the Securities in the Time of Sale Disclosure Package and in the Prospectus only insofar as such statements relate to the amount of selling concession and re-allowance, if any, or to over-allotment, stabilization and related activities that may be undertaken by the Underwriter are correct and constitute the only information concerning the Underwriter furnished in writing to the Company by or on behalf of the Underwriter specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure Package, the Prospectus or any issuer free writing prospectus.

Appears in 2 contracts

Samples: Underwriting Agreement (Microvision, Inc.), Underwriting Agreement (Microvision, Inc.)

Information Provided by the Underwriter. The Underwriter confirms and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriter set forth in (i) the first and second paragraphs under the heading “Price Stabilization, Short Positions and Penalty Bids” and (ii) the first paragraph under the heading “Electronic Distribution” under the caption “Underwriting” and the estimate of the Underwriter’s reasonable out-of-pocket accountable fees and disbursements in connection with the offering of the Securities in the Time of Sale Disclosure Package and in the Prospectus are correct and constitute the only information concerning the Underwriter furnished in writing to the Company by or on behalf of the Underwriter specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure Package, the Prospectus or any issuer free writing prospectus.

Appears in 1 contract

Samples: Purchase Agreement (Cutera Inc)

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Information Provided by the Underwriter. The Underwriter confirms and the Company acknowledges that the statements with respect to the public offering of the Securities by the Underwriter set forth in first sentence of the second third paragraph under the caption “Underwriting,” the first two sentences of the first paragraph under the caption “Underwriting—Commission and Expenses” and the estimate first sentence of the Underwriter’s reasonable out-of-pocket accountable fees and disbursements in connection with first paragraph under the offering of the Securities caption “Underwriting—Stabilization” in the Time of Sale Disclosure Package Prospectus and in the Prospectus are correct and constitute the only information concerning the Underwriter furnished in writing to the Company by or on behalf of the Underwriter specifically for inclusion in the Registration Statement, any Preliminary Prospectus, the Time of Sale Disclosure PackageProspectus, the Prospectus or any issuer free writing prospectus.

Appears in 1 contract

Samples: Underwriting Agreement (Eiger BioPharmaceuticals, Inc.)

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